Section 11 online reporting

The duty to report suspected corrupt conduct

Under section 11 of the Independent Commission Against Corruption Act 1988 ("the ICAC Act"), a principal officer of a NSW public authority has a duty to report to the ICAC any matter where there is a reasonable suspicion that corrupt conduct has occurred or may occur.

A NSW Government minister is required to report suspected corrupt conduct to either the ICAC or to the head of an agency for which he or she is responsible.

A principal officer is the person who heads the public authority, its most senior officer or the person who usually presides at meetings. This is most commonly the chief executive officer or secretary of a state authority, or the general manager of a local council.

Reasonable grounds for suspicion mean there is a real possibility that corrupt conduct is, or may be, involved. No proof is required. If, as a principal officer, you are uncertain about whether or not to report a matter under section 11, please contact the ICAC's Manager Assessments on 02 8281 5786. In general, the ICAC encourages principal officers to err on the side of caution and report the matter.

The ICAC Act contains no provision permitting delay in reporting. To delay can result in the loss of investigative opportunities for the ICAC. The duty to report overrides any duty of confidentiality. As it is a statutory duty, a principal officer is protected in making such a report from any civil or criminal liability.

All reports and complaints regarding suspected corrupt conduct are considered by a panel of senior ICAC officers, who make decisions about what action the ICAC will take.

Reporting a matter to the ICAC under section 11 does not affect any obligations to report the matter to bodies such as the NSW Police Force, Auditor-General or NSW Ombudsman or to be prepared to carry out any warranted disciplinary action.

Once a section 11 report has been submitted, you should generally wait until you have received the ICAC's decision prior to taking any further steps. This is because, if the ICAC decides to take action, any steps taken by the reporting agency may hamper the ICAC's progress. If you would like to take certain steps but are yet to hear from the ICAC, please contact the Manager Assessments on (02) 8281 5786 to discuss the status of your reported matter and whether those proposed steps can be taken.

Links to the ICAC's section 11 report guidelines for both principal officers and ministers can be found below: